1. INTRODUCTION. This Gladly Software, Inc. (“Gladly”) acceptable use policy (the “AUP”) specifies guidelines for users of Gladly’s hosted service (the “Gladly Solution”). By using the Gladly Solution, you agree to the latest version of the AUP. Gladly may modify the AUP at any time by posting a revised version on Gladly’s website. If you violate the AUP or authorize or help others to do so, we may suspend or terminate your use of the Gladly Solution.
2. USE OF THE GLADLY SOLUTION.The Gladly Solution shall not be used by any person or entity:
2.1 in any way that violates any applicable federal, state, local, or international law or regulation;
2.2 for fraudulent purposes;
2.3 for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content;
2.4 to store, publish, display, or transmit defamatory, infringing, libelous, harassing, abusive, threatening or otherwise unlawful or tortious material;
2.5 to upload, transmit or otherwise process any Protected Health Information (PHI) or any other regulated data or information in violation of any applicable law or regulation;
2.6 to upload, transmit or otherwise process any Payment Card Information (PCI) in violation of any applicable Payment Card Information Security Standards or other similar requirements.
2.7 to store, publish, display or transmit material in violation of third-party privacy rights;
2.8 to send unsolicited messages or postings, including bulk commercial advertising or informational announcements and “spam”;
2.9 to compromise or attempt to compromise the security of any Gladly or third-party network, system, server, or account;
2.10 to impersonate or attempt to impersonate Gladly, Gladly personnel, another subscriber or user, or any other person or entity; or
2.11 in any way that restricts or inhibits anyone’s use or enjoyment of the Gladly Solution or which, as determined by Gladly, may harm Gladly or users of the Gladly Solution or expose them to liability.
3. USER ACTIVITY. You may not:
3.1 Interfere or attempt to interfere in any manner with the functionality or proper working of the Gladly Solution;
3.2 Interfere with or disrupt the integrity or performance of the Gladly Solution or third-party data stored or processed with the Gladly Solution or attempt to gain unauthorized access to the Gladly Solution or its related systems or networks, including through denial of service, fuzzing or similar attacks;
3.3 Attempt to probe, scan, penetrate or test the vulnerability of any Gladly system or network, or to circumvent, avoid or breach Gladly’s security or authentication measures, whether by passive or intrusive techniques, or by social engineering, except in accordance with the Gladly policies and Gladly’s express prior written consent;
3.4 Attempt to reverse engineer any of Gladly’s services or technology (including the Gladly Solution), including as a means to find vulnerabilities or avoid security measures;
3.5 Use Gladly systems, networks or technology in a way that unnecessarily interferes with their normal operation, or that consumes a disproportionate share of their resources.
4. REPORTING A VIOLATION OF THE AUP
4.1 Any data placed in the Gladly Solution (“Customer Data”) is solely the responsibility of Gladly’s customers.
4.2 Reports of a violation of the AUP by any Customer Data should:
a. be sent to [email protected] or mailed to the following address: Abuse Gladly Software, Inc. 423 Broadway, 503 Millbrae, CA 94030
b. identify the exact content hosted, referenced or linked by Gladly that violates the AUP;
c. document your efforts to contact the customer directly; and
d. provide an email address to permit our customer or Gladly to contact you.
4.3 Gladly will promptly forward this report to the applicable customer. Gladly reserves the right to investigate any violation of the AUP or misuse of the Gladly Solution. Gladly may suspend or terminate a customer’s account or remove or disable access to any content that violates the AUP or any other agreement with a customer for use of the Gladly Solution.
5. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
5.1 Gladly complies with laws applicable to it and its services.
5.2 Gladly is entitled to rely upon (among other things) the DMCA safe harbor available to hosting service providers and search engines. Although it is Gladly’s policy to respond to clear notices of alleged copyright infringement, Gladly recommends that you submit a notice pursuant to the DMCA directly to the customer who provided the content. Gladly’s response to these notices may include forwarding the notice to the applicable customer or removing or disabling access to material claimed to be the subject of infringing activity. Gladly maintains policies and procedures to terminate subscribers that would be considered repeat infringers under the DMCA. See 17 U.S.C. 512 available at http://www.copyright.gov/
5.3 You may submit a DMCA notification to Gladly’s Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for additional information):
a. a physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyright;
b. identification of the copyrighted work or works claimed to have been infringed;
c. identification of, and information reasonably sufficient to permit Gladly or the applicable customer to locate, the material that is claimed to be infringing or is the subject of infringing activity;
d. information reasonably sufficient to permit the applicable customer or Gladly to contact you, such as an address, telephone number, and, if available, an electronic mail address;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Unless it is reasonably apparent to Gladly that the applicable customer has already received a notice of infringement from you regarding a particular content, Gladly will forward all the information you provide in your notice, including your contact information, to the applicable customer. Gladly’s Designated Copyright Agent to receive notifications of claimed copyright infringement is our Head of Legal, Gladly Software, Inc., 423 Broadway, 503, Millbrae, CA 94030, email: [email protected]
6. REMEDIES. Gladly may suspend or terminate your use of the Gladly Solution for violation of this AUP, subject to any qualifications specified in your agreement with Gladly, if applicable. You agree that Gladly may quarantine or delete any data stored on Gladly’s systems or networks if Gladly reasonably believes that the data is infected with any malware, or is otherwise corrupted, and has the potential to infect or corrupt Gladly systems, networks or technology or other customers’ data that is stored or accessed via Gladly systems, networks or technology.
